High Court dismissed a writ petition challenging an order of the Permanent Lok Adalat directing an insurance company to pay the assured sum to the nominee. The court found no infirmity in the adalat's order.
Writ petition dismissed. Insurance company directed to deposit the assured sum within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8660 of 2022
Claim Review Committee, Bajaj …. Petitioners Allianz LIC Ltd. & Anr.
Mr. Anupam Dash, Adv.
-versus-
Sukanti Bej
…. Opp. Party
Mr. M. Chandra Sekhar, Adv.
Order No.
CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 22.09.2023
1 . This matter is taken up through hybrid
arrangement.
2 . Heard learned counsel for the Parties.
3 . The Petitioners have filed this writ petition challenging the order dated 09.11.2021 passed in P.L.A. Case No.180 of 2019 passed by the Permanent Lok Adalat (PLA), Ganjam & Gajapati at Berhampur.
4 . Learned counsel for the Petitioners submits that the deceased-husband of the Opposite Party namely Late Nabaghan Bej had availed an Insurance Policy under
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policy no.0330388468 with the Insurance Company Bajaj Allianz Invest Assure Plan Scheme for the sum assured of Rs.3,62,500/covering the risk commencing from 29.09.2016 by paying yearly premium of Rs.20,608/-. The policy term was for a period of 22 years and the paying term was 12 years. The husband of the Opposite Party died on 25.10.2016 when the policy was in force. The present Opposite Party being the nominee claimed the assured sum amounting to Rs.3,62,500/- of her deceasedhusband who had suppressed the material facts regarding his pre-existing disease before commencement of policy. Further, the Opposite Party approached the learned Permanent Lok Adalat, Ganjam and Gajapati at Berhampur vide P.L.A. Case No. 180 of 2019, the order dated 09.11.2021 was passed by the Permanent Lok Adalat (PLA) Ganjam and Gajapati at Berhampur under Annexure-3 in favour of her.
5 . Considering the facts and submissions made, this Court does not find any infirmity in the order passed by the learned Chairman, Permanent Lok Adalat in P.L.A. Case No. 180 of 2019 and the Bajaj Allianz Life Insurance Co. Ltd. is directed to deposit the said amount within one
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month from today, failing which the Insurance Company will be held up in contempt.
7 . Accordingly, the writ petition is dismissed.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Sep-2023 19:51:37
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1 issue framed by the court
Whether the claim review committee in a bail policy case is entitled to receive the assured sum despite suppression of material facts regarding pre-existing disease.
Claim Review Committee, Bajaj Allianz LIC Ltd. & Anr.
Sukanti Bej
DR. JUSTICE S.K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
